Dear Seniors, Please clarify if the above amount can be a part of the salary. For Instance as below! Basic salary+HRA+Conveyance+PF+ Ex-Gratia = Salary Appreciate an early reply Thanks & Regards, Ss
From India, Madras
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Hi All,

The reason for asking this is because my payslip reflects the Ex Gratia payment included with the salary every month. Is this a correct practice by HR? I'd request seniors to give their inputs asap.

Thanks & Regards,
Ss

From India, Madras
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Ex Gratia cannot be a part of Salary, If I am not wrong Ex Gratia is paid on some occassion showing extra gratitude towards the employees work/job to the employer
From India, Ahmadabad
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Dear Saji,

Thanks a million for the input. Please also clarify a few things for me. My appointment letter suggests Performance Commission, and in the Pay Slip, it's Ex Gratia. Which is correct, and can Performance Commission be included on the Pay Slip instead of the term Ex Gratia? In my view, both are incorrect to be added as part of your salary every month. Kindly suggest as soon as possible.

Thanks & Regards,
Ss

From India, Madras
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Yes, performance commission can be included in a payslip since it is based on your performance, which can be derived for a particular period, i.e., monthly, quarterly, yearly, etc. It is basically like a sales commission for sales personnel for achieving targets.
From India, Ahmadabad
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The word “ex-gratia” has not been defined in any labour enactment.
As per Oxford English Dictionary ex gratia is a payment, done from a sense of moral obligation rather than because of legal requirement.
It is very clear, as per the pronouncement of various High courts/Apex court in their many judgments that whether a particular item of payment is or is not a part of a wages/salary must be decided independently of any contrary agreement between the parties.
If the terms of appointment described for payment of performance commission it should be paid under the same head in pay slip the practice of employer for paying the same as ex gratia cannot be appreciated.
However, if any payment is made under the head ex gratia that too on monthly basis that would attract contribution towards PF/ESI.
Any payment as ex gratia at the best can be termed as allowance and can be paid through pay sheet for the purposes of CTC.
Pkjain

From India, Delhi
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Dear All,

What is the difference between Performance Commission and Ex Gratia payment? In my appointment letter, the salary breakup suggests performance commission, while the Pay Slip shows Ex Gratia.

Please advise if this discrepancy will pose any hindrance in the future.

Thanks & Regards,
Sri

From India, Madras
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